Article

Can I provide free transportation for my patients?

November 1, 2011

Question:

Jennifer,

May I legally provide my patients transportation to appointments?

Thanks,

Dr. D

Answer:

Like so many of our answers on this forum – it depends. Certainly under the anti-kickback statute in certain situations free transportation would be viewed as “illegal remuneration” encouraging and enticing patients (improperly) to select you as their provider. However, under certain other circumstances the government has acknowledged free transportation to “have important and beneficial effects on patient care.” SeeOIG Advisory Opinion No.09-01.

Each of the above factors illustrates a concept the Office of Inspector General has determined as demonstrative of an improper arrangement, and none of the above factors would be considered independently of the situation as a whole. And, just because the transportation you are providing may fall within a factor set forth above, does not necessarily mean you are exposed to liability. Instead, it is important to understand that standards set forth by the Office of Inspector General are meant to be instructive, and not interpreted as binding rule, and that the factors are not exclusive or exhaustive.

So, what to do if you want to offer transportation? I recommend you have your specific practice arrangement and your proposed business model reviewed. Also be sure you have proper consent forms in place for patient transport.

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